Libraries
& the
This Web Guide is designed for
library and information professionals charged with the duty of protecting the
privacy rights of their uses in all types of libraries, and their patrons who
value the freedom to read and right to access information. The following
resources will familiarize the reader with the provisions of the USA Patriot
Act relevant to libraries, explain how the post-September 11th legislation has
affected our right to privacy in libraries, and provide resources for library
and information professionals to assist them in responding to requests from law
enforcement.
The
Act
The Uniting
and Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA Patriot Act) of 2001 (Public Law 107-56, 115
STAT.272, H.R 3162), was enacted on October 25, 2001, six weeks after the
September 11th attacks and became official the next day with the signature of
President George W. Bush.
Its Passage
The chronology of
the Act provided by the American Library Association's (ALA's)
Washington office shows that, while a coalition of civil rights and civil
liberties groups were signing the "In
Defense of Freedom in a Time of Crises" statement, the Bush
administration was presenting anti-terrorism legislation (soon to be known as
the USA Patriot Act) before Congress. The Bill
Summary & Status provided by Library of Congress tracks the Act's 45
day passage, despite its ten Titles, 150 Sections and over 300 hundred pages. The
Act's lack of legislative history may make
future analysis and interpretation of the law rather difficult.
Its Purpose
The Act's
stated purpose is to "deter and punish terrorist acts in the
Sections
Affecting Libraries
Title II: Advanced
Surveillance Procedures
Section 215: Access to
records and other items under the Foreign Intelligence Surveillance Act.
Amends the Foreign Intelligence Surveillance Act to allow the
FBI to obtain court order without probable cause from a secret court for the
production of "any tangible things (including books, record, papers,
documents, and other items) for an authorized investigation to protect against
terrorism or clandestine intelligence activities." "Any
tangible thing" can include the books you check out in the library and
such information can be obtained without your knowledge. Section 215 also
forbids persons producing such "tangible things from disclosing to anyone
that the FBI ever came calling. See Section
215 FAQ by the American Civil Liberties Union.
Section 216: Modification of
authorities relating to use of pen registers and trap and trace devices.
Extends telephone monitoring laws to cover information relating
to Internet usage, including e-mail addresses and IP addresses and URLs for web
pages. Authorizes pen registers, trap and trace devices, and roving
wiretaps for electronic communications, which, unlike telephone numbers carry
with them content, to include a persons thoughts and interests.
Strategies
for Protecting Patron Privacy
Library
Journal Article
Three librarians address the Act and how to protect patron privacy without
breaking the law. Suggestions include knowing what information is collected on
users, keeping it to a minimum and only as long as necessary, informing patrons
about the information libraries keep, and promoting privacy literacy through
making information on privacy issues available to patrons.
Guidelines
for Compliance with Requests for Information
The American Library
Association's Washington Office
What to do before, during and
after a "knock at the door?"
Provides assistance for academic, public, and school
libraries in preparing to act appropriately and legally before, during, and
after a request for information from law enforcement. It includes
consulting legal counsel at all stages, reviewing and addressing library
policies on retention of and access to all types of information, training staff
on relevant library policies, and documenting and following-up such requests.
The US Department of Education
Recent Amendments
to Family Educational Rights and Privacy Act Relating to Ant-Terrorism
Activities
Provides an in depth analysis and overview of USA Patriot Act amendments
to the Family Educational Rights and Privacy Act (FERPA, 20 U.S.C. Sec. 1232g).
Universities
and the
The American Association of
University Professors' Committee on Government Relations
Information
for Faculty Who Receive Law Enforcement Inquiries Under the USA Patriot Act
Provides basic information for faculty confronted with law enforcement
inquiries to aid in protecting them and their institutions from liability for
unauthorized disclosures. It addresses searches and inquiries, biological
agents, and various online resources for additional information and analysis.
University Business
USA
Patriot Act: How to be Response Ready
Nicole Rivard, writing for University
Business, a publication for presidents and other senior officers of
colleges and universities, addresses developing and implementing USA Patriot
Act response policies and procedures and includes a primer on the Act,
which by addressing the following four dominate areas:
- Privacy of Students Rights
- Information Technology
- Subpoenas and Warrants
- Environmental Health and Safety
Tracy Mitrano with the Office of Information
Technologies outlines Patriot Act amendments to the Electronic Communications
Privacy Act of 1986 and potential implications for Information Technologies in
colleges and universities.
University of
Pennsylvania
Addresses compliance with the USA Patriot Act with regard to biological agents.
Other
Information Providers and the
Journalists
The USA
Patriot Act
The Reporters Committee for Freedom of the Press addresses how provisions of
the Foreign Intelligence Surveillance Act and the USA Patriot Act could affect
journalists.
Internet
Service Providers
Summary &
Analysis of key Sections of the USA Patriot Act of 2001
The Center for Democracy & Technology summarizes and analyzes sections of
interest to Internet companies, Internet service providers, and
telecommunications carriers.
The Business Community
The USA Patriot Act
& Financial Institutions
Law firm outlines the changes made to the Money Laundering Control Act of 1986
(MLCA) and the Bank Secrecy Act of 1970 (BSA) by Title III of the USA Patriot
Act, the International Money Laundering and Anti-Abatement Act of 2001. The act
requires all ”financial institutions”, now broadly defined, to establish
ant-money laundering programs. Such “financial institutions” include banks and
bankers, brokers, insurance companies, and individuals involved in real estate
closings, to name a few.
Additional
Information & Analysis of the
The American Library Association
(ALA)
USA Patriot Act
Website provides links to helpful Internet resources to assist library and
information professionals with understanding and preparing for the USA Patriot
Act. The site also includes News Q&A sections.
The USA Patriot Act: Access,
Openness and Confidentiality
PowerPoint presentation prepared by
The Electronic Frontier
Foundation (EFF)
EFF
Analysis of the Provisions of the USA Patriot Act
Article outlines the increased surveillance authority within Title II of the
Act and includes a listing and discussion of the Act's sunset provisions. The
EFF maintains that the USA Patriot Act gives sweeping powers to domestic law
enforcement and international intelligence agencies without the checks and
balances needed for the courts to ensure that such powers are not abused.
For comments email: TerryeC2002@yahoo.com